Assistance Dogs and Public Access Rights
On this page
- Access to public places
- The Disability Discrimination Act 1992
- How can I tell if an assistance dog is trained?
- What should I do when I see a person with an assistance dog?
- Are there any situations where I can refuse entry?
- What can happen if I refuse entry for a person with their assistance dog?
- How can I show further support for veterans and their assistance dogs?
- State and Territory Legislation and Penalties
- Short survey for veterans and operators
The holder of this card has a trained assistance dog supplied by the Department of Veterans’ Affairs (DVA). This dog is not a companion animal or pet.
Access to public places
Under Australian law, trained assistance dogs and their handlers must be given access to all public places including, but not limited to the following:
- Retail, hospitality and recreation venues
- café, restaurant or pub
- shopping centre or supermarket
- retail store
- recreation venue or sporting club
- Health and medical services
- hospital
- medical practice (incl. imaging clinic)
- allied health practice (incl. physio, psychologist, etc.)
- dental surgery
- Public transport and passenger vehicles
- airline
- train, tram, bus or ferry
- taxi
- ride-share (incl. Uber and Didi)
- Accommodation
- hotel or motel
- caravan park or campsite
- holiday rental (incl. AirBnB)
- leasing of a residential rental property.
The Disability Discrimination Act 1992
The Disability Discrimination Act 1992 (DDA) makes it unlawful to discriminate against a person with a disability who has an assistance animal, subject to certain exemptions.
The DDA recognises suitably trained assistance animals and allows the dog and their handler guaranteed access to public places and services. The DDA recognises both physical and psychosocial disabilities and acknowledges the assistance animal as a tool that facilitates the functioning of a person with a disability.
Definition of an assistance animal
Subsection 9(2) of the DDA provides the meaning of an assistance animal.
Back to top9(2) For the purposes of this Act, an assistance animal is a dog or other animal:
(a) accredited under a law of a State or Territory that provides for the accreditation of animals trained to assist a person with a disability to alleviate the effect of the disability; or
(b) accredited by an animal training organisation prescribed by the regulations for the purposes of this paragraph; or
(c) trained:
(i) to assist a person with a disability to alleviate the effect of the disability; and
(ii) to meet standards of hygiene and behaviour that are appropriate for an animal in a public place.
How can I tell if an assistance dog is trained?
DVA assistance dogs are highly trained and have passed a Public Access Test (PAT). A PAT is the minimum standard an assistance dog must meet to be considered safe and effective in accessing public places, including public passenger vehicles.
You have the right to request a person to produce evidence that the dog is an assistance animal.
Veterans with a DVA assistance dog are issued an ID Handler Card. The presentation of an ID Handler Card shows the assistance dog is trained to assist a person with a disability to alleviate the effect of the disability and to meet standards of hygiene and behaviour that are appropriate for a dog in a public place. The ID Handler Card contains photos of both the handler and their assistance dog and includes current dates of accreditation.
You can also expect the assistance dog will be wearing its identifying jacket.
Back to topWhat should I do when I see a person with an assistance dog?
To help the assistance dog focus on their work and to keep the handler safe:
- Interact directly with the assistance dog handler
- Do not distract the assistance dog
- do not talk to the dog
- do not make eye contact with the dog
- do not pat or make any physical contact with the dog
- do not feed the dog
Are there any situations where I can refuse entry?
Access can only be refused in limited circumstances.
Section 54A of the DDA notes the following exemptions for discrimination in relation to a person with a disability who has an assistance animal.
Back to top54A Assistance animals
(1) This section applies in relation to a person with a disability who has an assistance animal.
(2) This Part does not render it unlawful for a person to request or to require that the assistance animal remain under the control of:
(a) the person with the disability; or
(b) another person on behalf of the person with the disability.
(3) For the purposes of subsection (2), an assistance animal may be under the control of a person even if it is not under the person’s direct physical control.
(4) This Part does not render it unlawful for a person (the discriminator) to discriminate against the person with the disability on the ground of the disability, if:
(a) the discriminator reasonably suspects that the assistance animal has an infectious disease; and
(b) the discrimination is reasonably necessary to protect public health or the health of other animals.
(5) This Part does not render it unlawful for a person to request the person with the disability to produce evidence that:
(a) the animal is an assistance animal; or
(b) the animal is trained to meet standards of hygiene and behaviour that are appropriate for an animal in a public place.
(6) This Part does not render it unlawful for a person (the discriminator) to discriminate against the person with the disability on the ground that the person with the disability has the assistance animal, if:
(a) the discriminator requests or requires the person with the disability to produce evidence referred to in subsection (5); and
(b) the person with the disability neither:
(i) produces evidence that the animal is an assistance animal; nor
(ii) produces evidence that the animal is trained to meet standards of hygiene and behaviour that are appropriate for an animal in a public place.
(7) This Part does not affect the liability of a person for damage to property caused by an assistance animal.
What can happen if I refuse entry for a person with their assistance dog?
Refusing entry to a person with an assistance dog can result in penalties or other consequences which can vary across States and Territories in Australia.
Police and other authorised officers can issue on the spot fines or take other regulatory action against persons or businesses who have been found to be in breach of the law. See below for more information on the penalties which may apply in your State or Territory.
If a person with an assistance dog believes they have been discriminated against by an individual or organisation, they may also choose to make a complaint to the Australian Human Rights Commission (AHRC). The AHRC is an independent statutory organisation that promotes compliance with the Disability Discrimination Act 1992 (DDA) and other discrimination laws.
The AHRC will investigate complaints about discrimination and other breaches of human rights. The AHRC may attempt to resolve complaints through a conciliation conference between parties and resolutions may include an agreement to pay compensation. If the conciliation is unsuccessful, in certain circumstances a person may commence legal proceedings regarding the complaint in the Federal Court of Australia or the Federal Circuit and Family Court of Australia.
Back to topHow can I show further support for veterans and their assistance dogs?
You may like to print and display the Veterans with DVA assistance dogs welcome here poster.
Back to topState and Territory Legislation and Penalties
In addition to the rights of assistance dogs under the Disability Discrimination Act 1992 (DDA) local legislation and penalties may apply across Australia.
An assistance dog that is accredited under a law of a State or Territory is protected under the DDA in any State or Territory.
Click below to see more information on the arrangements which apply in your State or Territory.
Australian Capital Territory
It is an offence to deny or charge a fee for the entry of an assistance animal.
Police and other authorised people can issue fines or take further regulatory action.
Penalties for refusal of access under the Domestic Animals Act 2000 and the ACT Magistrates Court - Domestic Animals Infringement Notices - Regulation 2005
| No | Offence | $ |
|---|---|---|
| 106E(3) (b)(i) | Stop person accompanied by accredited assistance animal entering public place/ premises | $500 |
| 106E(3) (b)(ii) | Stop accredited assistance animal entering public place/public premises | $500 |
| 106E(4) (b)(iii) | Remove accredited assistance animal from public place/public premises | $500 |
| 106E(4) | Impose fee or charge for accredited assistance animal in public place/public premises | $500 |
| 106F(2) | Falsely claiming animal is accredited assistance animal | $500 |
Refusal of Access
If you have been refused access to a public place with your assistance animal within the ACT, you can lodge a complaint with Domestic Animal Services by phoning Access Canberra on 13 22 81 or by emailing animalcontrol@act.gov.au. You may also choose to lodge a complaint with the ACT Human Rights Commission as refusal of access may constitute discrimination.
For more information visit:
New South Wales
It is an offence to deny or charge a fee for the entry of an assistance animal.
Police and other authorised people can issue fines or take further regulatory action.
Penalties for refusal of access under the:
| Law Part Code | Offence | $ |
|---|---|---|
| 29842 | Companion Animals Act 1998 No 87 - Section 60(1) Deny an assistance animal entry to public building/place/transport |
Infringement Notice $330 Court fine max 15 penalty points ($1,650) |
| 29843 | Companion Animals Act 1998 No 87 - Section 61(1) Charge for entry of assistance animal to public building/ place/ transport |
Infringement Notice $330 Court fine max 15 penalty points ($1,650) |
| 91410 | Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017- Section 64(1) Driver refuse to carry assistance animal/animal in training |
Infringement Notice $1,000 Court fine max 30 penalty points ($3,300) |
| 90671 | Passenger Transport (General) Regulation 2017 - Section 41(4) Driver or passenger vehicle refuse to carry assistance animal or assistance animal in training |
Court fine max 10 penalty points ($1,100) |
For more information visit:
Northern Territory
Information is not currently available.
Queensland
It is an offence to deny access/service or charge an extra fee for a certified assistance dog under the Guide, Hearing and Assistance Dogs Act 2009 (GHAD Act).
It is an offence to deny service to a public passenger vehicle with an assistance animal under the Transport Operations (Passenger Transport) Regulation 2018 (TO(PT) Reg).
Police and other authorised people can issue fines or take other regulatory action.
Penalties for refusal of access under the Guide, Hearing and Assistance Dogs Act 2009 and the Transport Operations (Passenger Transport) Regulation 2018.
| No | Offence | $ |
|---|---|---|
| 12A GHAD Act | Refuse a person accompanied by a certified assistance dog entry to a place of accommodation or charge an extra fee or separate the person from their certified assistance dog. | Maximum $16,130 (100 penalty units) |
| 13 GHAD Act | Refuse a person accompanied by a certified assistance dog entry to/service/separate the person from the dog at a public place/public passenger vehicle. | Maximum $16,130 (100 penalty units) |
| 234(2) (TO(PT) Reg) |
The driver of a public passenger vehicle must allow a person to take an assistance animal on the vehicle if the person has control of the animal. | Maximum $3,206 (20 penalty units) |
Please see the attached page for more information on Penalties under GHAD.
For more information visit: Assistance dogs in QLD
South Australia
It is an offence to deny or charge a fee for the entry of an assistance animal.
Police and other authorised people can issue fines or take further regulatory action.
Penalties for refusal of access under the Dog and Cat Management Act 1995
| No | Offence | $ |
|---|---|---|
| Section 81 | Refuse a handler accompanied by an assistance dog access to a public place or public passenger vehicle. | maximum penalty $1,250 |
For more information visit:
Tasmania
It is an unlawful to deny entry of an assistance animal under the under the Disability Discrimination Act 1992 (DDA).
Police and other authorised people can issue fines or take further regulatory action.
Penalties for refusal of access under the Guide Dogs and Hearing Dogs Act 1967 (TAS).
| No | Offence | Penalty |
|---|---|---|
| Section 3(1) | A person who is blind or vision impaired, deaf or hearing impaired or a trainer is entitled to be accompanied by a guide dog into any public place or onto any public passenger vehicle. | Max penalty: Fine up to 20 penalty units |
| Section 3(2) |
A person in charge of a public place or public passenger vehicle, must not:
|
Max penalty: Fine up to 20 penalty units |
For more information visit: Tasmania Government: Department of Premier and Cabinet
Victoria
It is an offence to deny or charge a fee for the entry of an assistance animal.
Police and other authorised people can issue fines or take further regulatory action.
Penalties for refusal of access under the Domestic Animals Act 2000
| No | Offence | $ |
|---|---|---|
| 26 |
The driver of a commercial passenger vehicle being used to provide a commercial passenger vehicle service must accept an animal for carriage in that vehicle if:
|
$1,976 |
For more information visit: Assistance dogs in VIC
Western Australia
It is an offence to deny or charge a fee for the entry of an assistance animal.
Police and other authorised people can issue fines or take further regulatory action.
Penalties for refusal of access under the Transport (Road Passenger Services) Regulations 2020
| No | Offence | $ |
|---|---|---|
| 137 | The driver of a passenger transport vehicle must not refuse to carry an assistance animal or an assistance animal in training in or on the vehicle. | $9,000 |
For more information visit:
Back to topShort survey for veterans and operators
This survey invites you to share your insights with the Department of Veterans’ Affairs (DVA) about assistance dogs accessing public services and spaces. There are five (5) questions and should take around two (2) to five (5) minutes to complete depending on your responses.
Your feedback will help us better understand veterans' experiences in accessing public services and spaces in the community with their assistance dog and the experience of operators of public services and spaces.
Your survey responses will also shape future improvements to educational products and community awareness of the rights of assistance animals under the Disability Discrimination Act 1992.
Before commencing the survey, please note:
- Participation is entirely voluntary and anonymous.
- Veteran feedback will not affect any current or future services or supports you receive from DVA.
- Operator feedback provided here will not result in any penalties or actions taken against individuals or businesses.
- Please do not include personal information about yourself or another person in your responses.
- The collection and storage of data from this survey is in accordance with the Australian Privacy Principles.
- De-identification of data is undertaken in accordance with guidance provided by the Office of the Australian Information Commissioner.
- You can stop and exit the survey at any time by closing the web page without submitting your response
Thank you for taking the time to participate.
Please take our short Public Access Information Card Survey
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